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(영문) 서울중앙지방법원 2014.04.08 2013고정5868
사기방조
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a wife of D who has operated the successful bid system for about 30 years.

D When operating the successful bidder started on January 2006, it was impossible for some members to pay the fraternity normally, it was tried to organize a new system and receive the fraternity from the members, thereby paying the previous fraternity.

However, around June 22, 2002, Seongbuk-gu Seoul E Apartment 105, 503, owned by D, had already been established the right to collateral security equivalent to KRW 180 million with the creditor bank and the maximum debt amount. Around May 22, 2007, the right to collateral security equivalent to KRW 120 million with the creditor F and the maximum debt amount was additionally established on the above apartment, and around June 25, 2007, the right to collateral security equivalent to KRW 130 million with the creditor and the maximum debt amount was additionally established on the above apartment. Furthermore, D had the ability to pay the interest of KRW 183 million each month to H on April 2007, it did not receive any other debt with the debt amount equivalent to KRW 183 million with the debt amount equal to KRW 10,000,000,000 for several years, due to the repayment of the debt amount or other debt amount.

Nevertheless, D, around June 4, 2007, begins to award a successful bid for the payment of fraternity 32,71 unit, and 1.5 million won per month at the J restaurant located in Seongbuk-gu Seoul, Seongbuk-gu, and D, stating, “If 1.5 million won is paid every month to the old unit, she will pay the fraternity without a mold.” It shall be received from the victim who believed to be able to be able to pay the fraternity every month from the victim to April 2010, and shall receive the KRW 105,000,000 per month from the time to April 4, 2010, and the defendant shall receive it by fraud, and the defendant shall be the head of the Tong in the name of the defendant for the management of the fraternity for credit bad D.

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